I found this, it is unfortunate for font designers... Last paragraph is interesting
"Within the last few years, the situation has changed dramatically. Two specific legal cases have shown that fonts are protected from unauthorized duplication because they are computer software. Note carefully that this applies only to the font software itself (the PostScript or TrueType file), not the actual artistic design.
From 1993 to 1995, Bitstream and four other type companies successfully sued SWFTE for copyright infringement. SWFTE had used computer programs to take other typefounders' fonts, convert them to their own format and give them new names. The case centered around the fact that SWFTE had used Bitstream's software (the digital fonts themselves) to create the new fonts. This was, however, a singular case and was somewhat controversial, so it did not conclusively settle the font copyright issue.
Three years later an even stronger legal precedent was set in the case of Adobe vs. Southern Software Inc. (SSI). It seems that SSI had used FontMonger to copy and rename fonts from Adobe and others. They thought they were safe from prosecution because, though they had directly copied the points that define the shapes from Adobe's fonts, they had moved all the points just slightly so they were not technically identical. Nevertheless, in his 1998 judgment, the judge determined that the computer code had been copied:
The evidence presented shows that there is some creativity in designing the font software programs. While the glyph dictates to a certain extent what points the editor must choose, it does not dictate every point that must be chosen. Adobe has shown that font editors make creative choices as to what points to select based on the image in front of them on the computer screen. The code is determined directly from the selection of the points. Thus, any copying of the points is copying of literal expression, that is, in essence, copying of the computer code itself.
As a result of this judgment, companies must be much more diligent about the font design process. If they develop a font that is very similar to an existing font they must be quite careful that all the design work is original: that every glyph is redrawn and that other software information (such as width metrics) is not based upon the original software 'code' of the font.
Unlike before 1998, it can now be argued that opening up a commercial font in a font design program (such as FontLab), copying the outline to the template or mask layer and redrawing the letter to match the shape of the original is a breach of copyright law. This is true even if every point is new, because the original software code was viewed in FontLab and used as a template for the new work. This is clearly a very strong, new interpretation of the copyright law.
If a type designer wants to 'copy' a font in a manner legal in the USA, he would now be required to print out every glyph at large size on a printer, then scan the image and import it into the font design program. He could then manually or automatically trace the image. This seems to be perfectly legal under current understandings of US copyright law, but may not be morally acceptable."